News & Analysis as of

H-1B Proposed Rules

The H-1B visa program allows U.S. employers to hire temporary nonimmigrant workers for specialty occupations. Specialty occupations are defined as occupations requiring the application of a "body of highly... more +
The H-1B visa program allows U.S. employers to hire temporary nonimmigrant workers for specialty occupations. Specialty occupations are defined as occupations requiring the application of a "body of highly specialized knowledge and the attainment of at least a bachelor's degree or its equivalent." Examples of specialty occupations include chemistry, mathematics, engineering, medicine, and architecture, to name a few. Individuals may not apply for H-1B visas; they are distributed only through the approval of employer petitions. In order to protect U.S. workers from unfair competition resulting from the program, the rules require that employers pay nonimmigrant workers equivalent wages to similarly-situated U.S. workers or the industry's prevailing wage. H-1B visas are subject to a yearly cap which is currently set at 85,000.   less -
Lippes Mathias LLP

USCIS Proposed Rule to Modernize H-1B Program — Should Employers Be Happy or Worried?

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USCIS released a proposed rule that aims to update and modernize the H-1B program by publishing a Notice of Proposed Rulemaking (NPRM) to amend current regulations. The proposed rule covers a wide range of issues related to...more

Quarles & Brady LLP

U.S. State Department Unveils Details of Pilot Program for Domestic Renewal of H-1B Visa Stamps

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On December 20, 2023, the Department of State (“DOS”) released details of the domestic visa renewal pilot program, as noted in their announcement earlier this month. Per the draft regulation, the pilot program is limited to...more

Fisher Phillips

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

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When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

Harris Beach PLLC

Highlights from USCIS’ Proposed Rule to “Modernize” H-1B Requirements

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The U.S. Department of Homeland Security (DHS) recently released a notice of proposed rulemaking (NPRM) entitled, “Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting...more

Seyfarth Shaw LLP

Executive Order: A Real Shift in Immigration and AI, or Just AI Creation?

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Seyfarth Synopsis: On October 30, 2023, President Biden issued an Executive Order that sets a new course for the safe, secure, and trustworthy development and use of Artificial Intelligence (AI). Interestingly, this order is...more

Harris Beach PLLC

DOS to Announce Pilot Program for Limited Domestic Visa Revalidation

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Harris Beach PLLC understands the U.S. Department of State (DOS) will soon revive a long-dormant program that allows a limited number of nonimmigrant visa holders to renew their visas from within the United States, a process...more

Gibney Anthony & Flaherty, LLP

DHS Proposes to Amend H-1B Program

On October 23, 2023, the U.S. Department of Homeland Security (DHS) issued a notice of proposed rulemaking (NPRM) to amend its H-1B regulations. The proposal also includes provisions that would change the H-1B cap...more

Quarles & Brady LLP

DHS Proposes Rule to Modernize H-1B Program

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The Department of Homeland Security has published a Notice of Proposed Rule Making (NPRM or the Rule) entitled “Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other...more

Fisher Phillips

Immigration Officials Unveil Sweeping Proposed Changes to H-1B Visa Process: What Employers Need to Do to Prepare

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Federal immigration authorities have just published long-awaited revisions to the H-1B visa process intended to modernize that nonimmigrant category and tighten the annual lottery system that has long frustrated employers and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

DHS Issues Proposed Rule to Modernize H-1B Program

On October 23, 2023, the U.S. Department of Homeland Security (DHS) released a notice of proposed rulemaking (NPRM) to amend its current regulations to modernize the H-1B visa program. DHS will accept public comments until...more

Fisher Phillips

Workplace Law Update: 22 Essential Items on Your August To-Do List

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It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

Parker Poe Adams & Bernstein LLP

USCIS Proposes Historic Fee Increase for Immigration Applicants

U.S. Citizenship and Immigration Services (USCIS) has proposed historic increases to its fee schedule for immigration benefit applications. Under the proposed fee rule, the filing fee for common employment-based applications...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - April 2023

POTUS Signs Bill Ending COVID-19 Emergency. On April 10, 2023, President Biden signed a congressional resolution officially ending the COVID-19 national emergency. The resolution was passed out of the U.S. House of...more

Gibney Anthony & Flaherty, LLP

Plan Now for H-1B CAP Registration

U. S. Citizenship and Immigration Services (USCIS) will conduct its annual electronic registration process for the Fiscal Year (FY) 2024 H-1B cap in March 2023. Employers should start planning for cap registration now by...more

Cozen O'Connor

USCIS Issues Proposed Rule to Adjust Certain Immigration and Naturalization Fees

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OVERVIEW- •On January 3, 2023, USCIS published a Notice of Proposed Rulemaking (NPRM) to adjust certain benefit request fees that haven’t changed since 2016. •Fee changes could dramatically increase both L-1 and H-1B...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - August 2022 #4

DACA Regulations Finalized. On August 24, 2022, the U.S. Department of Homeland Security’s (DHS) U.S. Citizenship and Immigration Services (USCIS) released a final rule to codify the Deferred Action for Childhood Arrivals...more

Miles & Stockbridge P.C.

Business Immigration and the Biden Administration

The first two weeks of the Biden Administration have seen a flurry of activity indicating it will move away from the more restrictive immigration environment of the Trump era, including for employment-based immigration...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

DHS Withdraws Proposed Rule to Rescind H-4 Work Authorization Program

On January 25, 2021, the U.S. Department of Homeland Security (DHS) withdrew its proposed rule that sought to eliminate the H-4 employment authorization document (EAD) program for eligible spouses of H-1B workers. The...more

Fisher Phillips

Proposed Rule Would Bring Drastic Changes To H-1B Cap Process By Basing Selections On Highest Salary

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The Department of Homeland Security recently proposed changes to the H-1B Cap system that would significantly impact the existing process. The proposed rule, entitled “Modification of Registration Requirement for Petitioners...more

Mintz - Immigration Viewpoints

New DHS Proposed Regulations will Revise the H-1B Cap Lottery

On Monday, November 2, the Department of Homeland Security (DHS) published a proposed rule intended to change the H-1B lottery process and further restrict H-1B eligibility. The rule would replace the random lottery selection...more

Dentons

H-1B and Employment Immigration Processes Under Attack

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In its continuing effort to limit legal immigration, the Trump Administration announced two rule changes last week to radically limit H-1Bs and the most common employment-based permanent residence process. The first rule...more

Harris Beach PLLC

Proposed Fee Increase for Certain Visas Will Impact Immigration in 2020

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On November 14, 2019 the Trump Administration proposed increasing the cost of filing many types of non-immigrant and immigrant visa applications. The proposed rule to implement these fees increases is currently open for...more

Foley & Lardner LLP

DHS Moves Closer to Launching its H-1B Cap Registration System

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The Department of Homeland Security recently moved closer to launching its new electronic registration system for allocating the H-1B cap, which is the annual limit on certain types of new H-1B cases. DHS often receives more...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - September 2019

Scalia Officially Nominated. Although the Buzz mentioned the nomination of Eugene Scalia to be secretary of labor seven weeks ago, the management-side attorney wasn’t officially nominated until August 27, 2019. Will this...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

DHS Proposes H-1B Registration Fee for FY 2021 Cap Season

The U.S. Department of Homeland Security (DHS) plans to charge employers a $10 registration fee - per H-1B candidate - to participate in its mandatory electronic H-1B registration system. The new fee will apply to all H-1B...more

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